The Manager vs The Director Of General Education
2021 Latest Caselaw 2668 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                           PRESENT

          THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

    FRIDAY, THE 22ND DAY OF JANUARY 2021 / 2ND MAGHA, 1942

                  WP(C).No.21496 OF 2020(J)


PETITIONER :-

            THE MANAGER,
            DESABANDHU HIGHER SECONDARY SCHOOL
            THACHAMPAARA, PALAKKADU

            BY ADVS.
            SRI.GEORGE POONTHOTTAM (SR.)
            SMT.NISHA GEORGE


RESPONDENTS :-

      1     THE DIRECTOR OF GENERAL EDUCATION
            THE OFFICE OF THE DIRECTOR OF GENERAL EDUCTION,
            JAGATHY, THIRUVANANTHAPURAM - 695 014

      2     THE DISTRICT EDUCATIONAL OFFICER,
            MANNARKKADU, PALAKKAD - 678 582

            BY SRI.T. RAJASEKHARAN NAIR, SR.GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 22.01.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C).No.21496 OF 2020(J)

                                     -: 2 :-


                                 JUDGMENT

Dated this the 22nd day of January 2021

This writ petition is filed seeking the following reliefs :-

"i. Issue a writ of certiorari calling for the records leading to Exhibit-P16 and to quash the same as the same is in violation of Rule 15 Chapter 23 of the Kerala Education Rules.

ii. Issue a writ declaring that Exhibit-P16 is unsustainable and against the provisions of Kerala Education Act and Rules. iii. Issue a writ of mandamus directing the 2 nd respondent to implement Exhibit-P13 & P14 orders issued by the Government."

2. Heard the learned counsel for the petitioner and the

learned Government Pleader.

3. It is submitted by the learned counsel for the petitioner

that on the ground that classes were being conducted in a building

which did not have fitness certificate, Ext.P16 revised staff fixation

orders have been issued in respect of the petitioner's school. It is

submitted that though Exts.P13 and P14 orders have been passed

by the Government directing the approval of appointment of

teachers and non-teaching staff, the same have also not been

implemented. The learned counsel for the petitioner submits that

Ext.P7 fitness certificate had been issued as early as in June, 2019

and that the same had been produced before the respondents and WP(C).No.21496 OF 2020(J)

therefore, the defects pointed out in Ext.P16 do not survive any

more. It is submitted that in view of the fitness certificate issued

by the local authority, the petitioner is entitled for staff fixation

taking note of the accommodation available and that the

appointments which are directed to be approved by Exts.P13 and

P14 are liable to be approved in the light of the clarifications and

the further steps taken by the Manager in the light of the orders.

4. The learned Government Pleader has placed a counter

affidavit on record substantially admitting the contentions raised in

the writ petition. It is submitted that Ext.P16 order was passed on

the basis of the school visits and the directions issued by the

Deputy Director of Education, Palakkad and the Director General of

Education, Thiruvananthapuram. It is further submitted that the

2nd respondent will comply with the directions contained in

Exts.P13 and P14 without delay.

5. Having considered the contentions advanced and taking

note of the contentions in the counter affidavit as well, there will

be a direction to the competent among the respondents to take

appropriate follow up action on the basis of Exts.P13 and P14

Government Orders and to implement the same without delay, at

any rate, within six weeks from the date of receipt of a copy of this WP(C).No.21496 OF 2020(J)

judgment, in the light of Ext.P7 fitness certificate produced by the

petitioner, which is admittedly being made available to the

educational authorities also. To facilitate a proper implementation,

as directed above, Ext.P16 order shall stand set aside.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE

Jvt/22.1.2021 WP(C).No.21496 OF 2020(J)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE ORDER NO.B4/1476/2018 DATED 22.08.2019 ISSUED BY THE D.E.O.MANNARKKAD

EXHIBIT P2 TRUE COPY OF THE ORDER NO. DEE.THEE (MAL)B4/2700/2018 DATED 0607.2018 ISSUED BY THE D.E.O., MANNARKKAD

EXHIBIT P3 TRUE COPY OF THE ORDER NO.B4/1476/2018 DATED 06.10.2018 ISSUED BY THE D.E.O.MANNARKKAD

EXHIBIT P4 TRUE COPY OF THE FITNESS CERTIFICATE ISSUED BY THE LOCAL AUTHORITY DATED 01.06.2017

EXHIBIT P5 TRUE COPY OF THE REQUEST DATED 17.03.2018 SUBMITTED BY THE PETITIONER BEFORE THE D.E.O. MANNARKKAD

EXHIBIT P6 TRUE COPY OF THE COMMUNICATION NO.B4/1322/18 DATED 12.04.2018 ISSUED BY THE D.E.O.MANNARKKAD

EXHIBIT P7 TRUE COPY OF THE FITNESS CERTIFICATE DATED 29.06.2019

EXHIBIT P8 TRUE COPY OF THE FITNESS CERTIFICATE DATED 01.06.2019

EXHIBIT P9 TRUE COPY OF THE FITNESS CERTIFICATE DATED 30.05.2018

EXHIBIT P10 TRUE COPY OF THE INSPECTION REPORT DATED 13.09.2018

EXHIBIT P11 TRUE COPY OF THE INSPECTION REPORT DATED 28.02.2019 BY THE 2ND RESPONDENT

EXHIBIT P12 TRUE COPY OF THE ORDER NO.DEE.THEE (MAL) B4/43201/2019 DATED 17.07.2019

EXHIBIT P13 TRUE COPY OF THE GO (RT) NO.5372/2019/G.EDN DATED 16.12.2019

EXHIBIT P14 TRUE COPY OF THE GO (RT) NO.886/2020/G.EDN DATED 19.02.2020

EXHIBIT P15 TRUE COPY OF THE LETTER NO.H2/19500/2019/DGE DATED 17.10.2020 ISSUED BY THE 1ST RESPONDENT WP(C).No.21496 OF 2020(J)

EXHIBIT P16 TRUE COPY OF THE ORDER NO B4/1476/2018 DATED 22.09.2020 ISSUED BY THE D.E.O., MANNARKKAD

//TRUE COPY//

P.A. TO JUDGE